Legal scholar and a fellow at the Ghana Centre for Democratic Development (CDD-Ghana), Professor Stephen Kweku Asare, has called for an amendment to Article 112(6) of the Ghanaian constitution.

The current provision states that a by-election should not be held within three months before a general election.

However, Professor Asare proposed that the article should be amended to read, “a by-election shall not be held in the year of a general election.”

Using Ejisu by-election as a case study, Professor Asare argued that the newly-elected Ejisu Member of Parliament (MP), like many others, will spend most of the next seven months campaigning for the impending general election, while still being entitled to ex gratia. He believes that by avoiding by-elections in an election year, the savings from salaries, ex gratia, and other perks could be redirected to fund basic education in the respective constituencies.

“Article 112(6) provides that “ … a by-election shall not be held within three months before the holding of a general election.”

Join GOGO to amend article 112(6) to read “a by-election shall not be held in the year of a general election.”

“Any savings from an avoided by-election, salaries, ex gratia, and other perks will go to fund basic education in that constituency” he suggested in a Facebook post.

Professor Asare also suggested an alternative to leaving the seat unfilled as per the current Article 112(6). He proposed that the incumbent party should be allowed to nominate a replacement. While acknowledging that this may not be the best solution, he argued that it is no worse and probably better, than letting the seat go unfilled.

“Rather than the seat going unfilled as in article 112(6), GOGO is open to allowing the incumbent party to nominate a replacement. While clearly not the best solution, it is no worse, and probably better, than letting the seat go unfilled”

He used the opportunity to invite an honest debate on whether an unfilled seat or a party replacement is preferable while asserting that either option is better than the status quo of electing an MP in a by-election to serve in Parliament for seven months, four of which will be spent on recess.

“But we can have a honest debate about whether we prefer the unfilled seat or a party replacement. Either one is better than the status quo of electing an MP in a by-election to serve in Parliament for 7 months, 4 of which will be used on recess.

By-elections in an election year is wasteful”

Say no to by-elections in general election year, he concluded.

By: Bright Yao Dzakah | Metrotvonline.com | Ghana